RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00510
		COUNSEL: NONE
		HEARING DESIRED: NO
		
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APPLICANT REQUESTS THAT:

Her record be corrected to show that she was retired by reason 
of “Physical Disability” rather than “Completion of Required 
Active Service.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

She had severe seizures for three years while on active duty.  
She planned to reenlist; however, due to her medical condition 
she was informed she would not be allowed to remain on active 
duty.  She was not able to drive and had other physical 
restrictions.

In support of her request, the applicant provides copies of her 
medical records.

The applicant's submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 28 Nov 06, the applicant enlisted in the Regular Air Force.   
She served six years of total active service.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C.

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AIR FORCE EVALUATION:

The BCMR Medical Advisor recommends denial.  The Medical Advisor 
states that the applicant was evaluated and treated for a number 
of episodic complaints during her military service; however, 
none were shown to have interfered with her military service to 
the extent or sustained duration, that warranted a Medical 
Evaluation Board (MEB) and processing through the military 
Disability Evaluation System (DES) for a medical separation or 
retirement.  

The Medical Advisor could not establish that the applicant was 
unable to reasonably perform her military duties due to one or 
more medical conditions during her military service.  Based on 
the supplied medical evidence, the Medical Advisor found no 
medical condition that established, or should have, a cause and 
effect relationship with the termination of the applicant’s 
service.  Furthermore, in accordance with Department of Defense 
Instruction 1332.38, Physical Disability Evaluation, paragraph 
E3.P3.3.3, Adequate Performance until Referral, “If the evidence 
establishes that the Service member adequately performed his or 
her duties until the time the Service member was referred for 
physical evaluation, the member may be considered fit for duty 
even though medical evidence indicates questionable physical 
ability to continue to perform duty.”

The Medical Advisor states the military DES, established to 
maintain a fit and vital fighting force, can by law, under Title 
10, USC, only offer compensation for those service incurred 
diseases or injuries which specifically rendered a member unfit 
for continued active service and were the cause for career 
termination; and then only for the degree of impairment present 
at the time of separation and not based on future occurrences.  

The Department of Veterans Affairs (DVA) is authorized to offer 
compensation for any medical condition determined service 
incurred, without regard to and independent of its demonstrated 
or proven impact upon a service member’s retainability, fitness 
to serve, narrative reason for separation, or the intervening or 
transpired period since the date of separation.  With this in 
mind, Title 38 USC, was written to allow awarding compensation 
ratings for conditions that were not unfitting for military 
service or at the time of separation.  This is the reason why an 
individual can be found fit for release from military service 
and yet sometime thereafter receive a compensation rating from 
the DVA for service-connected, but military non-unfitting 
conditions.  The BCMR Medical Advisor is sensitive to the 
applicant’s potential need for continuing medical care and 
therefore encourages the applicant to utilize the resources of 
the DVA to the extent that she may be entitled.

The complete BCMR Medical Advisor evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the BCMR Medical Advisor evaluation was forwarded to 
the applicant on 12 Apr 13, for review and comment within 
30 days (Exhibit D).  As of this date, this office has not 
received a response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed. 

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  It appears the 
applicant believes that her diagnosis of Complex Partial Seizure 
substantiates that her reason for separation should have been 
for a Physical Disability due to said diagnosis.  However, after 
a thorough review of the evidence of record and the applicant’s 
complete submission, we are not persuaded that she should have 
been found unfit for continued military service and furnished a 
disability separation.  In this respect, we note, the Military 
Disability Evaluation System (MDES) only offers compensation for 
the medical condition that is the cause for career termination; 
and then only to the degree of impairment present at the time of 
final disposition or military separation.  However, other than 
her own assertions, the applicant has not provided sufficient 
evidence that her medical condition precluded her from 
performing her military service and should have, therefore, been 
the basis of a finding that she was unfit.  Therefore, we agree 
with the opinion and recommendation of the BCMR Medical Advisor 
and adopt its rationale as the basis for our decision that the 
applicant has not been the victim of an error or injustice.  In 
view of the above and in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application. 

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application.  

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-00510 in Executive Session on 15 Oct 13, under 
the provisions of AFI 36-2603:

	 		Panel Chair
      Member
			Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-00510 was considered:

		Exhibit A.  DD Form 149, dated 10 Jan 13, w/atchs.
Exhibit B.  Applicant’s Available Master Personnel Records. 
		Exhibit C.  Letter, BCMR Medical Advisor, dated 10 Apr 13.
		Exhibit D.  Letter, SAF/MRBC, dated 12 Apr 13.



									
									Panel Chair